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MIKESKA v. CITY OF GALVESTON

No. 04-41147.

419 F.3d 431 (2005)

Wayne MIKESKA; Janice Mikeska; Mose Smith; Carol Smith, Plaintiffs-Appellants, v. CITY OF GALVESTON; et al., Defendants, City of Galveston, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 2005.

Attorney(s) appearing for the Case

J. David Breemer (argued), Meriem L Hubbard, Pacific Legal Foundation, Sacramento, CA, Robert M. Moore, Robert M. Moore & Associates, Galveston, TX, for Plaintiffs-Appellants.

George William Vie, III (argued), Mills Shirley, Galveston, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, BARKSDALE and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

This appeal arises from the dismissal, on summary judgment, of the appellants' suit against the City of Galveston for its refusal to grant permits for reconnection of the appellants' homes to utility services after Tropical Storm Frances. We vacate the lower court's ruling and remand for further proceedings.

I.

The Texas Open Beaches Act ("OBA") was passed in order to protect the public's right for "free and unrestricted...

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